Ryan Pretner suffered critical injuries when he was hit by a truck driven by Michael Vasquez. Mr. Vasquez’s truck was covered by two auto policies, his personal policy, and his business auto policy. His personal insurance with Progressive had a limit of $100,000 per person. His commercial auto policy with Century Surety Company had a $1,000,000 limit. Century Surety conducted an investigation and determined that Mr. Vasquez was not in the course and scope of his business as an auto … [Read more...]
Where An Insurance Company Breaches Its Duty To Defend, It Can Be Liable For An Excess Verdict Even If The Company Did Not Act In Bad Faith
February 5, 2019 by
A Reasonable Defense Trumps Bad Faith Even With Multiple Policy Limit Demands And An Excess Verdict
December 11, 2014 by
Jesse Kalberer and Eileen Mediola were in a car accident. Ms. Mediola’s attorney sent a policy limit demand to Jesse’s auto carrier, American Family. American Family rejected the demand claiming that the injuries were pre-existing and that the medical bills were overstated. American Family warned Jesse of a possible excess verdict. Plaintiff even emailed American Family and asked the company to settle so as to not expose Jesse to an excess verdict. At the same time, Jesse’s defense … [Read more...]
Bad Faith Set-Up Fail!
April 1, 2014 by
Chau caused an auto accident that killed the opposing driver Benjamin Buenaventura. Chau reported the accident to the Nevada affiliate of AAA. Less than a month later, the attorney for the claimant sent a time limit policy limit demand to AAA. To meet the demand, AAA would have to pay the entire $100,000 each person limit to Clara Buenaventura within two weeks and driver Chau would have to certify that there was no other insurance. … [Read more...]
